Why the Law Society of Kenya want Nakuru magistrate out of the station

A standoff has emerged at the Nakuru Law Courts after the Law Society of Kenya (LSK) Rift Valley Branch and Nakuru Chapter demanded the immediate transfer of Senior Principal Magistrate Faith Mutuku, accusing her of conduct they described as unbecoming of a judicial officer.

Led by Nakuru LSK Chapter Chair Wangari Mwangi, the advocates have also declared an indefinite boycott of Court four, saying the magistrate's remarks during proceedings on July 22 undermined the legal profession and eroded public confidence in the administration of justice.

In a letter addressed to the Chief Justice and the Judicial Service Commission (JSC), the lawyers said the resolution followed a meeting of members of the Nakuru Chapter after reviewing the magistrate's conduct during proceedings held on Wednesday as they participated in the Nationwide courts boycott.

According to the letter, advocates who appeared before Magistrate Mutuku seeking clarification over the dismissal of a matter during the nationwide lawyers' boycott were subjected to remarks the branch described as demeaning to the legal profession.

The advocates maintain that prior directions had been communicated to the Officer in Charge of the station that matters were not to be dismissed during the industrial action, yet the case was dismissed in Court four.

The LSK further stated that a video of the proceedings, which has since circulated widely, captured the magistrate saying she had been "forced to work in Nakuru."

Through the branch chair, LSK argued that the remarks had raised concerns regarding litigants' confidence in the court and the magistrate's ability to fairly preside over matters before her.

“The boycott was intended to protect the integrity of the legal profession and the administration of justice. Going forward advocates will boycott Court four and until presiding Senior principal magistrate, Faith Mutuku, because of her conduct. We will not allow such judicial officers to be brought to our station," she said.

Advocate Jordan Tanga echoed the chapter's position, saying the magistrate's own remarks had undermined confidence in her continued service at the station.

"The magistrate was very clear that she was forced to be here and should be allowed to serve elsewhere. If she was not comfortable serving in Nakuru, it is unfair for her employer to force her here. But she cannot continue hearing cases and making decisions when public and professional confidence has already been eroded," Tanga said

The lawyers warned that unless their concerns are addressed, the boycott of her court will remain in force until she is transferred and a replacement posted.

Copies of the letter were also sent to the Chief Registrar of the Judiciary, the Presiding Judge, the Chief Magistrate of the Nakuru Law Courts, the LSK Secretary and Chief Executive Officer, and advocates within the Nakuru Chapter.

At the courts, Chief Magistrate of the Nakuru Law Courts, Tito Gesora asked the advocates to maintain order within the courts assuring them that the said Magistrate will not be handling matter and that she will not be logging

“As the station manager I will be receiving the said letter you want to serve Senior principal magistrate, Faith Mutuku,” Gesora noted as he asked for calm in court corridors.

A notice issued by CM Gesora on July 23 suspended the sittings of the court as the issues are addressed

“Further communication will be given in due course,” read part of the letter signed by the Chief Magistrate Gesora.

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